IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73452 of 2025 Arising Out of PS. Case No.-38 Year-2025 Thana- Bathnaha District- Araria ====================================================== Md. Kursed @ Khursid S/o Nizam R/o Village- Amauna, Ward No. 20, P.S.- Jogbani, District- Araria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Gopal Kumar Jha, Advocate For the Opposite Party/s : Mr.Ram Naresh Ray, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 4 03-02-2026 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary. 2. The petitioner seeks bail in Bathnaha P.S. Case No. 38 of 2025 instituted for the offences under Sections 21(c), 22, 23 of the NDPS Act and Section 111 of the Bharatiya Nyaya Sanhita, 2023. 3. Prosecution allegation, in short, is that total 2397 bottles of Eskuf Cough Syrup (100ml each) containing Codeine Phosphate has been recovered from nine sacks. 4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is in custody since 15.07.2025 and has two criminal antecedents. There is no allegation of tampering of witnesses alleged against Patna High Court CR. MISC. No.73452 of 2025(4) dt.03-02-2026 2/3 the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the alleged recovery. The apprehended co- accused has disclosed the name of petitioner. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bathnaha P.S. Case No. 38 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the prosecution will have liberty to move for cancellation of bail. Patna High Court CR. MISC. No.73452 of 2025(4) dt.03-02-2026 3/3 (III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. manish/- (Rudra Prakash Mishra, J) U T